1. Smt Siya Bai Vs Sitaram Singh – BCI Tr Case No 8/1987

SIYA BAI Vs SITA RAM [BCI Tr. Case no. 8/1987]

Brief Facts

In this case the complaint was filed before the Disciplinary committee of the bar council of M.P by the complainant against the Respondent-advocate for his professional misconduct alleging that the respondent was engaged for filing money suit against 13 persons and the decree was passed. she further alleges that the respondent withdrew the amount from court which were deposited in suits and it was not paid to her nor any accounts were furnished.

Issues:
1. Whether the respondent advocate has committed any professional misconduct

2. If it is true, what is the relief?

Findings:
The respondent/Advocate contended that he had not withdrawn the amount from C.C.D and in reply affidavit he also alleges that whenever the amount was withdrawn from the C.C.D infront of the complainant was taken by her in the presence of her husband and others from his office.

He also contends that the amounts withdrawn by him had been adjusted with the consent of complainant towards the court fee and other expenses.

The matter was transferred to BCI U/s 36-B

Disciplinary committee of BCI:
The disciplinary committee of BCI after ascertaining the facts opined that the plea of respondent/advocate that the amount withdrawn by him had been adjusted with the consent of complainant towards the court fee and other expenses was found not true and not accepted and it found guilty of professional misconduct for illegally retaining the amount and awarded the punishment. therefore, ordered the advocate to refund the amount of Rs.2000/- with interest at 10% per annum with costs of Rs.5000/- payable within two months and suspended him for a period of one year. In case of his failure to comply with the above order, he has to undergo an additional suspension period of six months.